Validity of agreement of sale and what to do when vendor not giving either documents or money.
Hemant
(Querist) 09 December 2012
This query is : Resolved
Hi,
This is hemant here from jalgaon. I am a software professional.
I have finalized one property in my native Amalner which is in district jalgaon.
The deal was of Rs. 13,00,000/- (Rs. Thirteen lacs only). Out of which i have given Rs. 3,00,000/- (Rs. Three lacs only) in advance and we have done "Agreement of sale" ("Sauda Pawati").
I had informed vendor (property owner) thai will get loan of Rs. Ten Lacs, he was ready on this.
But when i approached to HDFC bank they took my doc and were ready to pay loan after receiving all legal property docs.
But vendor not given me property doc and he is saying he is not bounded to us for giving documents. Now the date of paying him money is over. And when we ask him money back he is not paying. There was not any negative clause like if he are unable to pay him or if in case he wont do sale deed then what will happen.
Now he is not paying money back, Could any one please help me in this what can be done.
Because other brokers those are there, are saying 100/- Rs stamp dont have any value and we cant do any thing to vendor using that.
Could any one please tell me whats validity of 100 rs. stamp and is it useful!
Raj Kumar Makkad
(Expert) 09 December 2012
Value of stamp paper is on the basis of words mentioned therein otherwise it is ZERO. It is your fault not to get mentioned the clause which is coming in your way. You can legally do nothing if the seller denies the register the sale-deed in favour of you.
Hemant
(Querist) 09 December 2012
Thanks Raj Kumar Makkad Sir!
Act, its fine if vendor denies to register sale-deed in my favour, but can i get my money back some how??
I had sent him first notice where we have given that please give us money back.
Then he replied on that that buy out property upto 3-Nov-2012 or your money will be lost.
The i replied to same on 5-Nov-2012 that please give us legal doc then we are ready to buy property, but there is not answer from him.
The notices were just sent from lawyers. And is it really mean my money will be lost?? If not then how could i get it?? Because he dont have legal doc except the sale-deed.
Raj Kumar Makkad
(Expert) 09 December 2012
If the providing of legal documents was the liability of the vendor duly made as a clause of the agreement then you can very well go to court to enforce the contract but if the same is missing then you have no other option but to depend upon the mercy of that vendor.
Hemant
(Querist) 09 December 2012
Ok. Thanks sir!.
In his reply to my first notice. Vendor has accepted that he has taken money from me. As we have given money by cheque,
